Industrial Relations (Amendment) Act 2012

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Amendment of section 27 of Act of 1946.

5.— Section 27 of the Act of 1946 is amended—

(a) by substituting the following subsection for subsection (2):

“(2) Every application to register an employment agreement shall be accompanied by—

(a) a copy of the agreement, and

(b) confirmation, in such form and accompanied by such documentation as the Court may specify, that the parties to the agreement are substantially representative of the workers and employers in the class, type or group to which the agreement is expressed to apply.”,

(b) in subsection (3) by inserting the following paragraph after paragraph (a):

“(aa) that it is appropriate to do so having regard to the matters specified in subsections (3A) and (3B),”,

(c) by inserting the following subsections after subsection (3):

“(3A) The Court shall not register an agreement under subsection (3) unless it is satisfied that—

(a) the parties to the agreement are substantially representative of the workers and employers in the sector in question, and in satisfying itself in that regard the Court shall take into consideration—

(i) the number of workers represented by the trade union party, and

(ii) the number of workers employed by the employer or the number of workers employed by employers represented by a trade union of employers,

in the class, type or group of workers to which the agreement is expressed to apply, and

(b) registration of the agreement is likely to promote—

(i) harmonious relations between workers and employers, and

(ii) the avoidance of industrial unrest.

(3B) When considering whether it is appropriate to register an agreement under subsection (3), other than an agreement applying to a single employer, the Court shall have regard to the following:

(a) that the agreement will be binding on all workers and employers in the sector in question;

(b) the desirability of maintaining established arrangements for collective bargaining;

(c) the benefits of consultation between worker and employer representatives at enterprise and sectoral level;

(d) the experience of registration and variation of employment agreements in the sector in question;

(e) the potential impact on employment levels in the sector in question of registering an employment agreement;

(f) the desirability of agreeing and maintaining fair and sustainable rates of remuneration in the sector in question;

(g) the desirability of maintaining competitiveness in the sector in question;

(h) the levels of employment and unemployment in the sector in question;

(i) the terms of any relevant national agreement relating to pay and conditions for the time being in existence;

(j) the general level of wages in comparable sectors;

(k) where enterprises in the sector in question are in competition with enterprises in another Member State, the general level of wages in the enterprises in that other Member State taking into account the cost of living in the Member State concerned.”,

(d) by inserting the following subsection after subsection (5):

“(5A) (a) Where, after the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012, the Court registers an employment agreement, the Court shall forward a copy of the agreement to the Minister.

(b) As soon as practicable after receipt of a copy of the agreement, the Minister shall, where he or she is satisfied that subsections (1) to (5) have been complied with, and where he or she considers it appropriate to do so, by order confirm the terms of the agreement, from such date (on or after the date of the order) as the Minister shall specify in the order.

(c) Where the Minister is not satisfied that subsections (1) to (5) have been complied with, or where he or she considers that it is not appropriate to confirm the terms of the agreement, he or she shall—

(i) refuse to make an order to confirm the terms of the agreement, and

(ii) notify the Court in writing of his or her decision and the reasons for the decision.

(d) Every order under paragraph (b) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(e) Nothing in this subsection shall affect the validity of an employment agreement registered before the commencement of Part 2 of the Industrial Relations (Amendment) Act 2012.”,

and

(e) by inserting the following subsection after subsection (6):

“(7) A registered employment agreement may provide that an employer may apply to the Court under section 33A for an exemption from the obligation to pay the rate of remuneration provided by the agreement.”.